crpc 125
mukesh
(Querist) 12 April 2016
This query is : Resolved
Hi
In Dv case I m giving 5k as order from date of application(3k for her+2k for rent) but she residing her mother owned house. maintenance as there is pending amount I m giving in installments. As wife write in petion she is unemployed. she has not any evidence for my income
But wife filed crpc 125 For kid
My query is
1. can she get in both cases she said to judge she is getting Dv for her. And she filled crpc 125 for kid. kid is with her
2. she is an M.A. b.ed. and I have her perivous salary certificate. Can I fight for quash the crpc 125
3. In crpc 125 date judge is asking she can cancel Dv order and in crpc125 i m going to order 5k for only kid and order from till date not from application.
can she do that ? can she has power to dismiss dv case bcoz she is family court judge and dv case was running in lower coury
now my 125 case in argument stage. how to prepare argument.it should be in written or verbal
Plz help me solve my query
P. Venu
(Expert) 13 April 2016
" In crpc 125 date judge is asking she can cancel Dv order and in crpc125 i m going to order 5k for only kid and order from till date not from application.
can she do that ? can she has power to dismiss dv case bcoz she is family court judge and dv case was running in lower coury"
Please clarify. The facts, as stated, are confusing.
Devajyoti Barman
(Expert) 13 April 2016
1. Generally the amount if maintenance passed in both proceedings are adjusted with each other if so directed by court.
2.Yes but success rate is bleak if you could not prove her present income.
3.The judge in 125 case can dismiss proceeding under PWDV Act.
